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When in patent or intellectual property (IP) litigation, under certain circumstances you might want to request a Special Master to help move your case along. What is a Special Master? It’s someone who has expertise in IP law and is engaged by a court to assist in keeping the case moving or resolving issues unique to IP law. Usually the Special Master is able to give quick decisions, especially on pretrial motions and procedures.

Berenato & White, LLC attorney Joseph W. Berenato, III has been appointed Special Master pursuant to Rule 53 of the Federal Rules of Civil Procedure in Shire Development LLC, et al v. Osmotica Pharmaceutical Corp., et al, Case No. 1:12-cv-0904-AT, by the United States District Court for the Northern District of Georgia.

Since 1933, Washington DC football fans have “hailed” their beloved team, the Redskins. Since 1967 the team’s name has been protected under federal trademark laws. So why are there current discussions that the team may have to change its name?

When the Trademark Office evaluates whether there is a likelihood of source confusion between two or more marks, there are often times when you need to think outside the box and look beyond the obvious differences in the marks and the identified goods and services. Sometimes the most valuable evidence against confusion lies in identifying the actual consumers who purchase the goods or services.

You may have heard that the Internet Corporation for Assigned Names and Numbers, or ICANN, has been promoting an initiative to increase the number of generic Top-Level Domains (gTLDs). These new gTLDs are expected to become live mid-2013.

You create a unique design and want to protect your rights in it. But how? Should you apply for a copyright, a trademark or a design patent? The answer ~ it depends.

We often find confusion surrounding designs. We may get a request to file a design patent, but a copyright application is more appropriate. Or we may get a request to file a trademark, but the design as used is not an indicator of source. So what are the differences between a copyright, trademark and design patent?

When making plans to establish a business, selection of names is critically important. From your company name to your product or service name, how do you want to be identified?

As I write this, I look around and see words that identify specific products and businesses - Lucent® for phones, Staples® for office supplies, Paper Mate® for pens and Poland Spring® for water. All of these are federally registered trademarks, words that are used to identify and distinguish one manufacturer’s products from another.

Berenato & White, LLC attorneys Steve Kelber and Kyle Hepner recently helped the University of South Florida (USF) assert ownership over an invention covered by four valuable patents that had been impermissibly filed by a private company, Alzheimer’s Institute of America (AIA), twenty years ago. In 1992, an invention was made by University faculty – that invention, sometimes referred to as the Swedish mutation – has been used by researchers the world over in exploring the causes of, and possible treatments for, Alzheimer’s disease.

In the span of five days, our office received six calls from clients regarding an “invoice” received from what appeared to be the Trademark Office. This was unusual, especially given that the U.S. Patent and Trademark Office does not send invoices to the owners of trademark applications and trademark registrations.

The PTO has implemented the Prioritized Examination system authorized by the America Invents Action. The goal is that the applicant will have either a patent or a decision that no patent can be obtained within 12 months of submission. The requirements are:

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Berenato & White, LLC is one of Maryland’s most trusted names in Intellectual Property (IP) matters, providing counseling and litigation services to clients in the U.S. and around the world. Whether you are a start-up company, a spin-off, an individual inventor or a medium or large corporation, our attorneys are here to serve you. At Berenato & White, we tailor solutions to each individual client’s specific needs and requirements. For more information about the firm, please explore our website or complete our Contact Us form.